By: Patterson S.B. No. 1143
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the prevention of horse theft.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended
1-4 by adding Chapter 151 to read as follows:
1-5 CHAPTER 151. PREVENTION AND INVESTIGATION OF HORSE THEFT
1-6 Sec. 151.001. TRAINING PROGRAM FOR HORSE OWNERS. (a) The
1-7 Texas Agricultural Extension Service shall develop an ongoing
1-8 training program for horse owners to promote the prevention of
1-9 horse theft. The program must include information on visible,
1-10 permanent identification of horses and other security measures to
1-11 prevent horse theft.
1-12 (b) A county office of the Texas Agricultural Extension
1-13 Service periodically shall notify horse owners of the training
1-14 program through public service announcements or other means.
1-15 Sec. 151.002. TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
1-16 (a) A state, county, or local law enforcement agency with
1-17 responsibility for investigating horse thefts shall provide
1-18 training for its employees likely to handle horse theft cases
1-19 regarding:
1-20 (1) state laws on horse theft;
1-21 (2) resources available for investigating horse
1-22 thefts;
1-23 (3) communication about horse theft with other law
1-24 enforcement agencies; and
2-1 (4) identification of missing horses.
2-2 (b) To facilitate greater communication between law
2-3 enforcement agencies in horse theft cases, state, county, and local
2-4 law enforcement agencies shall, to the greatest extent possible,
2-5 use the Texas Crime Information Center (TCIC) and the National
2-6 Crime Information Center (NCIC) in reporting and investigating
2-7 horse thefts.
2-8 SECTION 2. Section 144.001, Agriculture Code, is amended to
2-9 read as follows:
2-10 Sec. 144.001. Owner's Marks and Brands. (a) Each person
2-11 who has cattle, hogs, sheep, or goats shall have and may use one or
2-12 more earmarks and one or more brands differing from the earmarks
2-13 and brands of the person's neighbors.
2-14 (b) A person who owns a horse may have and use one or more
2-15 of the following to identify the horse:
2-16 (1) a brand differing from the brand of the person's
2-17 neighbors, including a fire or electric heat brand, freeze brand,
2-18 acid brand, or hoof brand;
2-19 (2) an earmark differing from the earmark of the
2-20 person's neighbors;
2-21 (3) a tattoo differing from the tattoo of the person's
2-22 neighbors;
2-23 (4) an electronic device; or
2-24 (5) another generally accepted identification method.
2-25 SECTION 3. Section 144.002, Agriculture Code, is amended to
2-26 read as follows:
2-27 Sec. 144.002. Brands of Minors. A minor who owns cattle,
3-1 <or> hogs, or one or more horses may have one or more marks or
3-2 brands, but the parent or guardian of the minor is responsible for
3-3 the proper use of the mark or brand.
3-4 SECTION 4. Section 144.041, Agriculture Code, is amended to
3-5 read as follows:
3-6 Sec. 144.041. Marks and Brands to be Recorded. (a) Each
3-7 person who owns cattle, hogs, sheep, or goats shall record that
3-8 person's earmarks and brands with the county clerk of the county in
3-9 which the animals are located.
3-10 (b) A person who owns a horse shall record an identification
3-11 mark authorized by Section 144.001(b) of this code with the county
3-12 clerk of the county in which the animal is located.
3-13 (c) The county clerk shall keep a record of the marks and
3-14 brands of each person who applies to the clerk for that purpose.
3-15 (d) <(c)> A person may record that person's marks and brands
3-16 in as many counties as necessary.
3-17 (e) <(d)> A person may record any mark or brand that the
3-18 person desires to use if no other person has recorded the mark or
3-19 brand, without regard to whether that person has previously
3-20 recorded a mark or brand.
3-21 SECTION 5. Section 144.102, Agriculture Code, is amended to
3-22 read as follows:
3-23 Sec. 144.102. Right to Register. In accordance with this
3-24 subchapter, a person who owns one or more horses, hogs, dogs,
3-25 sheep, or goats in this state is entitled to register for exclusive
3-26 use any tattoo mark or other generally accepted identification
3-27 method that is not previously recorded.
4-1 SECTION 6. Subsection (b), Section 146.052, Agriculture
4-2 Code, is amended to read as follows:
4-3 (b) This subchapter does not apply to horses, sheep, goats,
4-4 or swine or to the hides of those animals.
4-5 SECTION 7. Subsection (c), Section 148.011, Agriculture
4-6 Code, is amended to read as follows:
4-7 (c) The record must be prepared and made available to the
4-8 Texas Animal Health Commission and for public inspection within 24
4-9 hours after the slaughterer receives the livestock. The
4-10 slaughterer shall preserve the record for at least two years <one
4-11 year> and shall keep the record open for public inspection at all
4-12 reasonable hours.
4-13 SECTION 8. Subsections (c) and (d), Section 148.012,
4-14 Agriculture Code, are amended to read as follows:
4-15 (c) In addition to the report made under Subsection (a) of
4-16 this section, a slaughterer of cattle or horses shall file with the
4-17 county clerk a record showing:
4-18 (1) the marks, brands, and general description of the
4-19 cattle or horses;
4-20 (2) the names of the persons from whom the cattle or
4-21 horses were purchased;
4-22 (3) the date of purchase; and
4-23 (4) the county from which the cattle or horses were
4-24 driven.
4-25 (d) The slaughterer shall file the record required by
4-26 Subsection (c) of this section on the first day of each month with
4-27 the county clerk of the county where the cattle or horses were
5-1 slaughtered. The clerk shall copy the report into records
5-2 maintained for that purpose and return the original to the person
5-3 recording the information.
5-4 SECTION 9. Subchapter C, Chapter 148, Agriculture Code, is
5-5 amended by adding Sections 148.029 and 148.030 to read as follows:
5-6 Sec. 148.029. FEE FOR HORSES SOLD TO SLAUGHTERER. (a) A
5-7 slaughterer shall pay the following fees for each horse purchased
5-8 for slaughter:
5-9 (1) $1 to the Texas Agricultural Extension Service;
5-10 and
5-11 (2) $4 to the department, agency, or association
5-12 authorized and designated by the secretary of agriculture of the
5-13 United States to inspect livestock in Texas under 7 U.S.C. Section
5-14 217a.
5-15 (b) The slaughterer shall remit the fees required by
5-16 Subsection (a) of this section on a weekly basis.
5-17 (c) All fees received under Subsection (a)(2) of this
5-18 section may be used only in administering the inspection required
5-19 under Section 148.030 of this code.
5-20 (d) All fees received by the Texas Agricultural Extension
5-21 Service under this section shall be deposited in a special account
5-22 in the general revenue fund that may be appropriated only to the
5-23 Texas Agricultural Extension Service for the training programs on
5-24 horse theft under Chapter 151 of this code. Funds in that account
5-25 are not subject to Sections 403.093 and 403.094, Government Code.
5-26 Sec. 148.030. INSPECTION OF HORSES SOLD THROUGH CERTAIN
5-27 SLAUGHTERHOUSES. The department, agency, or association authorized
6-1 to inspect livestock under 7 U.S.C. Section 217a may inspect for
6-2 identification purposes each horse held, handled, purchased, or
6-3 sold through a slaughterhouse producing horse meat for export for
6-4 human consumption under the federal inspection program regulated
6-5 under the Packers and Stockyards Act, 1921, 7 U.S.C. Chapter 9.
6-6 SECTION 10. Subsection (e), Section 31.03, Penal Code, is
6-7 amended to read as follows:
6-8 (e) Except as provided by Subsection (f) of this section, an
6-9 offense under this section is:
6-10 (1) a Class C misdemeanor if the value of the property
6-11 stolen is less than $20;
6-12 (2) a Class B misdemeanor if:
6-13 (A) the value of the property stolen is $20 or
6-14 more but less than $200; or
6-15 (B) the value of the property stolen is less
6-16 than $20 and the defendant has previously been convicted of any
6-17 grade of theft;
6-18 (3) a Class A misdemeanor if:
6-19 (A) the value of the property stolen is $200 or
6-20 more but less than $750; or
6-21 (B) the property stolen is one firearm, as
6-22 defined by Section 46.01 of this code, and is valued at less than
6-23 $400;
6-24 (4) a felony of the third degree if:
6-25 (A) the value of the property stolen is $750 or
6-26 more but less than $20,000, or the property is one or more head of
6-27 cattle, <horses,> sheep, swine, or goats or any part thereof under
7-1 the value of $20,000;
7-2 (B) regardless of value, the property is stolen
7-3 from the person of another or from a human corpse or grave;
7-4 (C) the property stolen is one firearm, as
7-5 defined by Section 46.01 of this code, and is valued at more than
7-6 $400;
7-7 (D) the property stolen is two or more firearms,
7-8 as defined by Section 46.01 of this code; or
7-9 (E) the value of the property stolen is less
7-10 than $750 and the defendant has been previously convicted two or
7-11 more times of any grade of theft;
7-12 (5) a felony of the second degree if:
7-13 (A) the value of the property stolen is less
7-14 than $100,000 and the property is:
7-15 (i) combustible hydrocarbon natural or
7-16 synthetic natural gas, or crude petroleum oil;
7-17 (ii) equipment designed for use in
7-18 exploration for or production of natural gas or crude petroleum
7-19 oil; or
7-20 (iii) equipment designed for use in
7-21 remedial or diagnostic operations on gas or crude petroleum oil
7-22 wells;
7-23 (B) the value of the property stolen is $20,000
7-24 or more but less than $100,000; <or>
7-25 (C) the value of the property is less than
7-26 $100,000 and the property was unlawfully appropriated or attempted
7-27 to be unlawfully appropriated by threat to commit a felony offense
8-1 against the person or property of the person threatened or another
8-2 or to withhold information about the location or purported location
8-3 of a bomb, poison, or other harmful object that threatens to harm
8-4 the person or property of the person threatened or another person;
8-5 or
8-6 (D) the property stolen is one or more horses or
8-7 any part thereof, regardless of value; or
8-8 (6) a felony of the first degree if:
8-9 (A) the value of the property stolen is $100,000
8-10 or more; or
8-11 (B) the value of the property is $100,000 or
8-12 more and the property was unlawfully appropriated or attempted to
8-13 be unlawfully appropriated in the manner described by Subdivision
8-14 (5)(C) of this subsection.
8-15 SECTION 11. This Act takes effect September 1, 1993.
8-16 SECTION 12. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended.